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Arrears have to flow from date of inception of anomaly – Landmark decision of the Supreme Court for pensioners

Arrears have to flow from date of inception of anomaly – Landmark decision of the Supreme Court for pensioners

The Supreme Court has rendered another landmark decision on the subject of pension in a case titled State of Rajasthan Vs Mahendra Nath Sharma.
The Court, inter alia, has reiterated the following, tacitly and directly:
A. Pension is property and not a bounty based upon the sweet will or grace of the employer. DS Nakara therefore reiterated.

 

B. Arrears have to flow from date of inception of anomaly.
C. Employees who are not on rolls on the date of a subsequent revision of pensionary benefit(s) are also eligible for future revision of pension.
D. Govt should not perpetrate litigation.

The parting shot of the Apex Court:

“…It will be appropriate and apposite on the part of the employers to remember the same and ingeminate it time and again so that unnecessary litigation do not travel to the Court and the employers show a definite and correct attitude towards employees. We are compelled to say so as we find that the intention of the State Government from paragraph 5 of the circular/memorandum has been litigated at various stages to deny the benefits to the respondents. It is the duty of the State Government to avoid unwarranted litigations and not to encourage any litigation for the sake of litigation. The respondents were entitled to get the benefit of pension and the High Court has placed reliance on the decision of another High Court which has already been approved by this Court….”

Click here to download/view Supreme Court Judgement in case titled State of Rajasthan Vs Mahendra Nath Sharma.

Courtsey: Militaryinfo blog

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COMMENTS

WORDPRESS: 5
  • Col.Janakiraman Reddy 7 years ago

    All court orders should be made applicable irrepective of applied or not. It is seen that government imlefment the court order favouring only those applicants inspite of other apliants also are entitiled . Broad banding of disabilityn pension as per SC orer was mnade applicable only those who approached the court whereas SC order is very clear that it i applicabe to all affected disbled pesnioners , There are such anomolly in implementing the court orders

  • The SC should adopt the same procedure to attach the Parliament Buldings for auction in case the OROP Scheme is not accorded by 14 Aug 2015, the due date given for the final hearing on this case.

  • I have just gave my additional comments.i got remarks "being published."But the column is empty.please arrange to publish via google.
    Thandavakrishnan.

    • No any comment available except above dated 10-07-2015, there will be any trouble with google, please wait some time or comment again.

  • Kindly refer the judgement of the Hon'ble 5 Judge Bench delivered on 30-4-2014 against the CURATIVEpetition filed by Govt in case no 655 /2010 vide curative petition no 126/2014.Govt had not implemented the judgement .Further several S L P s and petitions filed by GOVT against the judgement of the Hon'ble Supreme court were all dismissed by the Hon'ble Bench of Justice TS THAKUR on 17-3-2015and directed Govt to implement immediately.Govt counsel requested time to implement the same.Hon'be Bench gave 4
    months time from 17-3-2015 with strict direction that no further extension of time will be given.
    4 months time given expires on 16-7-2015.HOPE Govt will not deceipt the pre-2006 retirees
    as is being prolonging theOROP.The arrears due to the pre-2006 retirees is the SHORT drawn pension from 1-1-2006 to 23-9-2012 in accordance with the CLARIFICATORY orders issued by Govt in the MEMORANDUMS Dated 3-10-2008 AND 14-10-2008 which were QUASHED by the JUDICIARY on 1-11-2011.Further The Dept of Law &justice had already agreed and notings were recorded in the file sent from Pension Dept on 8-5-2014 itself.MOREOVER pension was refixed for all pre-2006 pensioners from 24-9-2012 and arrears paid from 24-9-2012 vide Pension Dept OM dated 28-1-2013.In view of the above the question of refixing of pension on 1-1-2006 does not arise.The pension fixed on 24-9-2012 will be the same on 1-1-2006 and there will not be any change.This Subject is entirely different from OROP. ALL pre-2006 retirees are in their 80s and 90s with severe sufferings due to short drawn of their entitiled pension.OUR HON'BLE PRIME MINISTER may kindly intervene and arrange to issue the orders on Humanitarian Grounds leaving all other grounds without any more delay.
    Thandavakrishnan.(one amoung the pre-2006 retiree,)